Exchange afirma que la SEC considera a XRP como un valor en un nuevo giro legal en el caso.

The cryptocurrency derivatives exchange Bitnomial is taking the U.S. Securities and Exchange Commission (SEC) to court, accusing it of overstepping its jurisdiction by asserting that the XRP token, issued by Ripple, and its products are securities.

Bitnomial, regulated by the Commodity Futures Trading Commission (CFTC), sued the SEC in a district court in Illinois, claiming that the agency contacted them alleging that XRP futures are “securities” and therefore subject to the joint jurisdiction of the SEC and CFTC.

Bitnomial is preparing to launch XRP Futures contracts in U.S. dollars, a decision made after a federal judge ruled against the SEC’s position, determining that XRP is not considered a security. However, the agency continued to insist on its position regarding the asset issued by Ripple and warned Bitnomial that it would be violating federal securities laws if it proceeded with listing XRP futures.

In a statement on its website, Bitnomial highlights that, “Given the recent historic determination by the Southern District of New York that XRP is not inherently a security and was not a security when trading on the secondary market, Bitnomial Exchange is well-positioned to seek a judicial determination that XRP futures are not security futures. Despite its recent defeat in court, the SEC still maintains that XRP is a security.”

“Given the recent historic determination by the Southern District of New York that XRP is not inherently a security and was not a security when trading on the secondary market, Bitnomial Exchange is well-positioned to seek a judicial determination that XRP futures are not security futures. Despite its recent defeat in court, the SEC still maintains that XRP is a security”

Bitnomial.

The exchange intends to proceed with listing its XRP Futures product, which will be physically delivered to customers, becoming the first digital asset futures listed on its regulated derivatives platform in the United States.

Through this lawsuit, Bitnomial seeks a formal judgment to protect futures markets, CFTC jurisdiction, and participants from the SEC’s overreach, as stated in their release. It is worth noting that the cryptocurrency exchange’s lawsuit against the agency is precautionary, as the company has not received any complaints from the regulatory commission so far.

Meanwhile, as Bitnomial filed its lawsuit against the SEC in an Illinois court, Ripple filed a counterclaim after the agency indicated in early October its intention to appeal a court decision that nearly closed a long-running litigation with the cryptocurrency company.

Ripple’s filing is a cross-appeal that allows the company to reconsider any new decision that may arise from the SEC’s appeal process, ensuring that all relevant legal points are thoroughly reviewed. However, the agency has not yet filed a mandatory and essential form for its appeal to proceed.

In this Form C or essential legal document, the agency was required to notify whether their appeal is against the decision that XRP is not a security when traded on exchanges or if it disputes the $125 million fine, instead of the $2 billion initially sought by the SEC.

However, Bitnomial’s revelation in their lawsuit that XRP is considered a security is an indication that the SEC will likely appeal the court’s ruling from last August, which determined that XRP sales on exchanges and other distributions should not be classified as securities.